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    • They will be at my friends house, I put all her paperwork in a file for her to keep safe.  They were sent direct to her in January 2023, just after the case was struck out looking at my past posts.  Guess the website went down last night? 
    • Good afternoon Stu. Many thanks for taking a look at my defence pdf and giving it the ok.   On the claim form Question 3 they ticked yes   'are you the claimant asking for an order that the defendant pay the cost of the claim?' . So it looks i can only hope the judge sympathises with my appalling treatment by the landlord and their agent.   As i previously said i was so desperate to find a place due to my previous eviction 7 months ago, i took something that i was not entirely happy with. If you look at the pics on my attached pdf, you can see masses of weeds at the front, side and rear garden, the back grass needs professional equipment to cut it, countless dead insects on many places including the kitchen window, same with the disgusting cobwebs. Regarding the garden The girl told me she would talk to the landlord but nothing was ever done, i have not touched the garden and its still in the same mess except there is lots of dead grass. I thought all agencies would get a cleaner in before a new tenant moves in but it seems the landlord was too tight to get this done. I was left with no option but me and my daughter to clean this up. Stu do you think its worth making the judge aware aware of the mess i faced when i moved into this house? pics of poor condition.pdf
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    • please create you own topic by hitting create or + in the top red banner dx  
    • Hi Lookinforinfo Thank you for your words of encouragement re the mortgage. But sadly we have no pension to fall back on, we have always been self employed and never in the position to put extra money away into pension. But we are dealing with that. We are not in arrears but trapped by a dormant lender! Anyway yes there were 2 seperate NTK, date of infringement on one was 23/4/21 for my parents and the other was 28/4/21 to my husbandm (this is the one that was discontiunued). They were both issued on 26/5/21, well after the 14 days. Please see my parents NTK questionnaire below, I have uploaded this and pictures previously on this post. But if you look at the detail, this is why I say they are more or less identical in every way. Apart from I think my parents were in there for a minute less than my husbands car.  They entered at 16.58 and exited and 17.15. I am waiting to see my parents this evening to get the court notice to allocation for her one in August 2024. Ill upload that as soon as I can Many thanks   1 Date of the infringement 23/4/21 2 Date on the NTK 26/5/2021  3 Date received 1/6/2021 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO - I cant see it anywhere 5 Is there any photographic evidence of the event? yes  2 x pictures, 1 entering and 1 exiting  6 Have you appealed? [Y/N?] post up your appeal] no 7 Who is the parking company? Parking Eye 8. Where exactly [carpark name and town] Kenwood House, Tunbridge Wells For either option, does it say which appeals body they operate under. BPA
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CL Finance Claimform - Old HSBC Managed Loan **WON CASE STRUCK OUT**


master woody
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A default is removed 6 years from the date of default, but keep an eye on it, as we all know how slippery these DCA's can be!

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

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So whats the update woody

 

you won on default???

 

ta maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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  • 3 weeks later...

Just phoned the court! I have been awarded costs of £1XX

!!!!!!!!!!!!!!!:D:D

 

I asked what about judgment in my favour, she then said:

You have to wait to see if they pay if not you can then ask for judgment?????? I said OK. I'll just wait until the order come through the door. :)

 

What dose this mean?????

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Hopefully you wont need to read up on how to send the bailiffs in Woody. Well done on getting costs awarded :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Just phoned the court! I have been awarded costs of £1XX

!!!!!!!!!!!!!!!:D:D

 

I asked what about judgment in my favour, she then said:

You have to wait to see if they pay if not you can then ask for judgment?????? I said OK. I'll just wait until the order come through the door. :)

 

What dose this mean?????

 

Woo hoo, sounds like a "won" to me;) So the beers are on you then? :grin: If you're not sure what they mean Woody, ring them and ask for clarification :)

 

Good for you 8-)

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Any one who read my thread will know the story

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/127086-going-court-woody-cl.html

 

Long story short:

 

Paying Cl 1xx a month on 14 k debt via DMP

CL out of the blue money claimed me

Got help from CAG to defend the case

Case got stuck out:grin:

THEN CL CAME UP WITH A VAILD CCA (sent to me)

I ask the court for a judgment in my favour and cost on the grounds of abuse of power.

Court has given me cost today but said nothing about judgment

 

 

the big question is HAVE I WON or can they come back at me again???

 

I'm still paying:roll:

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  • 2 weeks later...

Update CL have today offered me a 75% discount the 25% is to paid over the next three years. Gave them a phone and had a very interesting conversation first time talked to someone with a brain and didn’t get the BS

My position is I’m still paying

There position is we have a valid CCA and statements and we can get the Default notice and assignment easily. We would apply to the court for the case to continue on the basis we made a “clerical error”. “IF” we were allows to continue we would no doubt win (I agreed) and you pay 100% over the next 13:( years and have a ccj

You might stop paying and IF we were unable to get the judge to let us restart you get a 100% discount.:D

So why not take the offer…..

Here’s the kicker the offer letter is without prejudice, total owe is shown with the discount but…….

What’s to stop them getting three years payment then saying OK thanks for that you still owe us 8 Grand….and be right back where I was????????????

I want to take the offer but scared there going to shaft me

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CL finance have today offered me a 75% discount the 25% is to paid over the next three years. Gave them a phone and had a very interesting conversation first time talked to someone with a brain and didn’t get the BS

 

My position is I’m still paying, they did a money claim and it failed (got struck out no cca but they now have found it)

 

There position is we have a valid CCA and statements and we can get the Default notice and assignment easily. We would apply to the court for the case to continue on the basis we made a “clerical error”. “IF” we were allows to continue we would no doubt win (I agreed) and you pay 100% over the next 13:cry: years and have a ccj

 

You might stop paying and IF we were unable to get the judge to let us restart you get a 100% discount.:grin:

 

So why not take the offer…..

 

Here’s the kicker the offer letter is without prejudice, total owe is shown with the discount but…….

 

 

What’s to stop them getting three years payment then saying OK thanks for that you still owe us 8 Grand….and be right back where I was????????????

 

I want to take the offer but scared there going to shaft me

user_online.gifreputation.gif report.gif

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CL finance have today offered me a 75% discount the 25% is to paid over the next three years. Gave them a phone and had a very interesting conversation first time talked to someone with a brain and didn’t get the BS

 

My position is I’m still paying, they did a money claim and it failed (got struck out no cca but they now have found it)

 

There position is we have a valid CCA and statements and we can get the Default notice and assignment easily. We would apply to the court for the case to continue on the basis we made a “clerical error”. “IF” we were allows to continue we would no doubt win (I agreed) and you pay 100% over the next 13:cry: years and have a ccj

 

You might stop paying and IF we were unable to get the judge to let us restart you get a 100% discount.:grin:

 

So why not take the offer…..

 

Here’s the kicker the offer letter is without prejudice, total owe is shown with the discount but…….

 

 

What’s to stop them getting three years payment then saying OK thanks for that you still owe us 8 Grand….and be right back where I was????????????

 

I want to take the offer but scared there going to shaft me

user_online.gifreputation.gif report.gif

 

I suggest that you get a legal contract drawn up that ensures they don't come back on you as you suggest. It may well be worth paying to instruct a lawyer unless there is a CAG member who has a template?

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OMG what do you do? This was a without prejudice offer, so not linked to the court case?

 

If it was a part 36 offer through the court then you would need to give it serious thought. And you are right in that unless everything is done right they could come back for the rest later.

 

I really don't have enough experience to tell you what to do and just hope someone else comes along who can. I am not sure what I would do in your position - it sounds too good to be true, but is that because they know they are on a losing streak?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hold on though, the case has been struck out - which I had noted but forgotten. No bloody wonder they were being so reasonable.

 

Hmmmm, for future peace of mind what do you do? We had similar situation with Link and have told them on many occasions that they lost the court case so goodbye.

 

I guess it is up to you at the end of the day. If you agree to pay them is that admitting to the debt? I really don't know how to help so I will stop rambling and hope that common sense or someone else takes over.

 

If it was me I would tell them 'no' but then I have nothing left to lose.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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I suggest that you get a legal contract drawn up that ensures they don't come back on you as you suggest. It may well be worth paying to instruct a lawyer unless there is a CAG member who has a template?

 

Have a look at the link below, college of law, you can free legal advice online. One Cagger contacted them and they helped him write a letter.

 

College of Law - Legal Advice London

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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CL finance have today offered me a 75% discount the 25% is to paid over the next three years. Gave them a phone and had a very interesting conversation first time talked to someone with a brain and didn’t get the BS

 

My position is I’m still paying, they did a money claim and it failed (got struck out no cca but they now have found it)

 

There position is we have a valid CCA and statements and we can get the Default notice and assignment easily. We would apply to the court for the case to continue on the basis we made a “clerical error”. “IF” we were allows to continue we would no doubt win (I agreed) and you pay 100% over the next 13:cry: years and have a ccj

 

You might stop paying and IF we were unable to get the judge to let us restart you get a 100% discount.:grin:

 

So why not take the offer…..

 

Here’s the kicker the offer letter is without prejudice, total owe is shown with the discount but…….

 

 

What’s to stop them getting three years payment then saying OK thanks for that you still owe us 8 Grand….and be right back where I was????????????

 

I want to take the offer but scared there going to shaft me

user_online.gifreputation.gif report.gif

 

 

 

Attach a cheque to the following letter, photocopy them showing cheque attached to letter (even better, get someone to witness it as well, i.e. a soliciter):

 

 

Name, address etc,

 

Dear XXX,

 

RE: Payment in full and final settlement of account(s) XXXXXXX.

 

I note your letter of DATE, and without admission of liability accept your offer of full and final settlement of any debt outstanding in return for the amount of £XXXX.

 

I understand that you will take no further legal action with regard to this debt. I further note you will update my credit record to reflect that any debt outstanding on account XXXXXX has been settled.

 

Please do not cash the attached cheque (No XXXXX) unless you are willing to abide by these conditions.

 

Yours Sincerly,

 

XXXX.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Could you post up the exact phrase they use in the letter?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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sorry for late reply i've has a medical emergancy...but all sorted now :)

 

in the first insatnce i have asked CL to send me a new offer letter containing the following:

 

This offer is a setelment to case: yxXXXXXXX

This is a full and final on the recept of payment number 60

the orginal account number is to be included

The defult amount is to be ammended on my credit file

date and signed

 

 

when i get the new letter I'll post it up to see what we think....

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